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Laws of the Republic of Korea |
Ministry of Environment (Nature Policy Division) 02-2110-6735 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Wetlands
Conservation Act and those necessary for the
enforcement thereof.
Article 2 (Matters to Be Included in National Wetland Management Plan)
The term "matters prescribed by Presidential Decree: in Article
5 (2) 6 of the Wetlands
Conservation Act (hereinafter referred to as the "Act") refers to the following matters:
1. Analysis of cause for damage to wetlands and restoration of the damaged wetlands;
2. Matters for cooperation between the central administrative agencies concerned and local
governments in relation to the conservation
of wetlands;
3. Fostering specialized manpower and specialized institutions for conservation of
wetlands;
4. Education and public relations for conservation of wetlands; and
5. Financial resources and the methods of raising financial resources for the
implementation of the National Wetland Management Plan
as prescribed in Article 5 of
the Act (hereinafter referred to as the "basic plan").
Article 3 (Measure Necessary for Implementation
of National Wetland Management
Plan)
The head of the relevant central administrative agency, Special Metropolitan City Mayor,
Metropolitan City Mayor, Do governor, or
the Special Self-Governing Do governor
(hereinafter referred to as the "Mayor/Do governor) requested to take measures necessary
for the implementation of the basic plan by the Minister of Environment (hereinafter
referred to as the "Minister") or the Minister
of Land, Transport and Maritime Affairs shall
submit the result of the measures to the Minister or the Minister of Land, Transport
and
Maritime Affairs within six months from the date of such request.
Article 3-2 (Organization and Operation of National Wetland Review Committee)
(1) The chairperson (hereinafter referred to as the
"chairperson") of the National Wetland
Review Committee pursuant to Article 5-2 (1) of the Act (hereinafter referred to as the
"Committee") shall represent the Committee and exercise overall control of the affairs of the
Committee.
(2) In the event that the chairperson is unable to perform his/her duties due to unavoidable
reasons, such duty shall be vicariously
performed by the order of the public official
belonging to high-ranking public officials group in charge of overall affairs of the
wetland
policies in the Ministry of Environment, and the public official belonging to high-ranking
public officials group in charge
of the overall affairs of the coastal wetland policies in the
Ministry of Land, Transport and Maritime Affairs, among the vice-chairpersons
of the
Committee.
(4) The Committee shall have one executive secretary and one clerk to deal with the
administrative affairs of the Committee.
(5) The executive of the Committee shall be the head of the division in charge of the affairs
for conservation of wetlands in the
Ministry of Environment, and the clerk shall be
appointed by the chairperson among the directors in charge of the affairs for conservation
of
wetlands in the Ministry of Environment.
[This Article Newly Inserted by Presidential Decree No. 20188, Jul. 24, 2007]
Article 3-3 (Meeting of Committee)
(1) The chairperson shall convene a meeting of the Committee in the event that at least five
members of the committee request thereof
or that the chairperson deems it necessary, and
shall preside over such meeting.
(2) Where the chairperson intents to convene a meeting of the Committee, he/she shall
notify the date and time, and the agenda not
later than seven days prior to the opening of the
meeting to the members: Provided, that in the case of emergency, he/she may notify
thereof
not later than three days prior to the opening of the meeting.
(3) The meeting shall open with the attendance of a majority
of the registered members, and
shall conclude a resolution with the consenting votes of a majority of the present members.
(4)
Where the chairperson deems necessary for execution of the affairs, he/she may have the
related specialists be present and state
their opinions, or request the heads of the related
agencies or organizations to submit the related data.
(5) The executive secretary
of the Committee shall prepare the minutes of a meeting, and
report thereof in the next meeting.
[This Article Newly Inserted by Presidential Decree No. 20188, Jul. 24, 2007]
Article 3-4 (Allowance and Travel Expenses, etc.)
Allowances and travel expenses may be paid to the members of the Committee or the related
specialists within the limit of the budget:
Provided that the same shall not apply where a
member who is a public official attends the Committee in direct connection with the
affairs
as part of his/her duties.
[This Article Newly Inserted by Presidential Decree No. 20188, Jul. 24, 2007]
Article 3-5 (Utilization of Result of Deliberation
of Committee)
(1) The chairperson shall inform the result of the deliberation to the heads of the central
administrative agencies
concerned and the Mayor/Do governor.
(2) The heads of the central administrative agencies concerned or the Mayor/Do governor
shall
make efforts to reflect the result of the deliberation of the Committee in the wetland
policies and the budget thereof within the
jurisdictional area.
[This Article Newly Inserted by Presidential Decree No. 20188, Jul. 24, 2007]
Article 3-6 (Detailed Rules
for Operation)
Matters necessary for the organization and operation of the Committee, other than the
matters prescribed in this Decree, shall be
determined by the chairperson through the
resolution of the Committee.
[This Article Newly Inserted by Presidential Decree No. 20188, Jul. 24, 2007]
Article 4
(2) In the event that it is necessary for hearing the opinions of the local residents as
prescribed in Article 8 (4) of the Act,
the Mayor/Do governor may request the head of the
city/Gun/Gu to hold a public hearing.
Article 6 (Reasons for Revocation, etc. of Designation of Wetland Protection Area, etc.)
The term "unavoidable cases for the reasons
of public interest or military affairs as
prescribed by Presidential Decree" refers to the cases applicable to the following
subsections:
1. Where it is unavoidable for the implementation or development of material resources of
large scale national policy projects which
exert serious effect on the national economy
such as construction projects of sea routes;
2. Where it is unavoidable for the prevention of damages to lives and properties, such as
prevention of flood, etc.; and
3. Where the Minister of National Defense deems it is necessary for military operations,
establishment and protection of military
installations, or protection of military secrets.
Article 7 (Method, etc. of Establishment of Conservation Plan)
(1) In the event
that the Minister or the Minister of Land, Transport and Maritime Affairs
intends to establish a conservation plan for the wetland
protection areas, etc. pursuant to
Article 11 of the Act (hereinafter referred to as a "conservation plan", he/she may request
the Mayor/Do governor or the head of the city/Gun/Gu to submit opinions on the
conservation plan.
(2) In the event that the Mayor/Do governor intends to establish a conservation plan
pursuant to Article 11 of the Act, he/she may
request the head of the city/Gun/Gu to submit
their opinions on the conservation plan.
(3) When the Minister, the Minister of Land, Transport and Maritime Affairs, or the
Mayor/Do governor has established a conservation
plan, he/she shall inform such plan to the
heads of the central administrative agencies concerned, the Mayor/Do governor, or the
head
of the city/Gun/Gu. The same shall apply to the case of changing a conservation plan.
Article 8 (Matters to Be Included in Conservation Plan)
Matters for the conservation, use and management of wetlands as prescribed
in Article 11
(2) 3 of the Act shall include the matters concerning each of the following subsections:
1. Projects to improve the quality of lives of the relevant local residents;
2. Maintenance of the diversity of living things; and
3. Projects to conserve wetlands including projects to restore wetlands.
Article 9 (Facilities for Conservation and Use of Wetlands
The term "other facilities for conservation of wetlands, which are prescribed by Presidential
Decree" in Article 12 (1) 4 of the
Act refers to the facilities applicable to any of the
following facilities:
1. Facilities to prevent the pollution of wetlands; and
2. Facilities to observe the Wetland Ecosystems.
Article 10 (Utilization, etc. of Facilities for Conservation and Use of Wetlands
The term "cases prescribed by Presidential Decree within the minimum extent for the
military purpose" in the proviso of Article
13 (1) refers to the cases applicable to any of the
following subsections:
1. In the case of mission operations, search and patrol (including ambushing activity);
2. In the case of opening search paths; and
3. In the case of removing reeds for observation and securing range of vision.
[This Article Newly Inserted by Presidential Decree
No. 20188, Jul. 24, 2007]
Article 11 (Activities, etc. Subject to Approval or Consultation)
(1) The activities subject to approval
or consultation as prescribed in Article 13 (3) of the
Act refers to the activities applicable to any of the following subsections:
1. Reclamation as prescribed in subsection 3 of Article 2 of the Public Waters Reclamation
Act;
2. Activities subject to permission for occupation and use as prescribed in Article 5 (1) of
the Public Waters Management Act;
3. Activities subject to permission and consultation for diversion of farmland as prescribed
in Article 36 of the Farmland Act;
4. Occupation subject to permission pursuant to Article 33 (1) of the River Act and Article
50 of the same Act;
5. Activities subject to permission for collecting aggregate as prescribed in Article 22 (1) of
the Aggregate Collection Act;
6. Diversion subject to permission, report, and consultation for diversion of grassland as
prescribed in Article 23 of the Grassland
Act; and
7. Installation of the forest roads referred to in Article 9 (1) of the Creation and
Management of Forest Resources Act, and activities
of lumbering standing timber
subject to permission and report referred to in Article 36 (1) and (4) of the same Act.
(2) A person
who intends to perform the activities as prescribed in section (1) shall submit a
written application attached with the documents
prescribed by the joint Ordinance of the
Ministry of Environment and the Ministry of Land, Transport and Maritime Affairs
(hereinafter
referred to as the "Joint Ordinance") to the Minister, the Minister of Land,
Transport and Maritime Affairs, or the Mayor/Do governor.
(1) A person who intends to obtain approval or hold consultation for not being applied by
the provisions of Article 13 (1) and (2)
of the Act pursuant to Article 13 (5) of the Act shall
submit a written application attached with the documents prescribed by the
Joint Ordinance
to the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do
governor.
(2) When the Minister, the Minister of Land, Transport and Maritime Affairs, or the
Mayor/Do governor has received the application
for the approval or consultation pursuant to
the provisions of section (1), he/she shall grant approval or consultation in the event
that the
relevant activity applies to any of the subsections of Article 13 (5) of the Act and it does not
considerably interfere
with the functions of the relevant wetlands.
(3) The term "other cases prescribed by Presidential Decree where it is inevitable for public
interest" refers to the cases applicable
to any of the following subsections:
1. Where it is unavoidable for the implementation or development of material resources of
large scale national policy projects which
exert serious effect on the national economy
such as construction projects of sea routes; and
2. Where it is unavoidable for the prevention of damages to lives and properties, such as
prevention of flood, etc.;
[This Article Newly Inserted by Presidential Decree No. 18017, Jun. 25, 2003]
Article 12 (Exception to Entry Restriction, etc.)
The term "activities prescribed by Presidential Decree, which do not interfere with the
conservation and management of wetland
protection areas" refers to the activities applicable
to any of the following subsections:
1. Academic survey and research recognized by the Minister, the Minister of Land,
Transport and Maritime Affairs, or the Mayor/Do
governor;
2. Activities for conservation and restoration of ecosystem recognized by the Minister, the
Minister of Land, Transport and Maritime
Affairs, or the Mayor/Do governor;
3. Activities for survey and protective measures of cultural properties under the Protection
of Cultural Properties Act;
4. Survey on forest resources under Article 32 of the Creation and Management of Forest
Resources Act;
5. Survey on habitation conditions of birds and beasts under the Protection of Wild Fauna
and Flora Act; and
6. Other activities deemed necessary for the public interests by conservation of wetlands
and publicly announced by the Minister,
the Minister of Land, Transport and Maritime
Affairs, or the Mayor/Do governor.
Article 13 (Exception to Prohibited Activities in Wetland Protection Areas and Wetland
Areas to Be Improved
Article 15 (Reward)
(1) The administrative authority or inspection agency which has received the report or
complaint on the activities in violation
of the provisions of Article 13 (1) or (2) of the Act
pursuant to the provisions of Article 19 of the Act shall notify the outline
of such event to
the Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do
governor.
(2) The Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do
governor who has received the notification
as prescribed in section (1) may pay the reward
within the limit of the budget until two months after the date the final and conclusive
judgment is made on the event.
(1) A person who intends to claim compensation for damages pursuant to the provisions of
Article 20 (2) of the Act shall submit
a written claim for compensation for damages stating
the following matters attached with the documentary evidence concerning the
damage to the
Minister, the Minister of Land, Transport and Maritime Affairs, or the Mayor/Do governor:
1. Name, address, and resident registration number of the claimant;
2. Time and place of incurring damagse;
3. Contents of the damage; and
4. Amount of the damage, its details, and method of calculation.
(2). When the Minister, the Minister of Land, Transport and Maritime
Affairs, or the
Mayor/Do governor has received the claim for compensation for damages pursuant to the
provisions of section (1),
he/she shall notify the following matters to the claimant:
1. Consultation period and consultation method; and
2. Time, method, and procedures for compensation.
Article 17 (Application for Adjudication of Compensation for Damage)
(1) A person
who intends to file an application for adjudication with the land expropriation
committee pursuant to the provisions of Article
20 (4) of the Act shall submit a written
application for adjudication stating the following matters to the competent land
expropriation
committee:
1. Name and address of the relevant person;
2. Time and place of incurring damages;
3. Contents of the damage;
4. Amount of the damage and its details; and
5. Details of the consultation.
Article 17-2 (Land Purchase Procedure, etc.)
(1) A person who intends to sell the land, etc. pursuant to the provisions of Article 20-2 (1)
of the Act shall submit the following
documents (including electronic documents) to the
Minister or the Minister of Land, Transport and Maritime Affairs: Provided, that
where the
information on the documents to be submitted may be confirmed through the common usage
of the administrative information
as prescribed in Article 21 (1) of the Act on Promotion of
the Digitalization of Administrative Affairs, etc. for Creation of Electronic
Government,
such confirmation may substitute for the such documents:
1. Documents stating the name, address, etc. of the owner of the land, etc. to sell (referring
to the names of the juristic person
and its representative where the owner is a juristic
person);
2. Lot number, category, area size, current status of usage and establishment of rights, a
certified copy of register of the land,
etc., and other related documents proving the
ownership thereof; and
3. Documents stating the details of structures, etc. located in the land to sell.
(2) In the event that the Minister or the Minister
of Land, Transport and Maritime Affairs
has received the application for his/her purchase of the land, etc. pursuant to the provisions
of section (1), he/she shall determine whether or not to purchase such land, etc. within the
limit of the budget of the relevant
year.
(3) When the Minister or the Minister of Land, Transport and Maritime Affairs has
determined whether or not to purchase the land,
etc. pursuant to the provisions of section (2),
he/she shall notify such decision to the owner of the relevant land, etc. In this
case, where
he/she has determined to purchase the land, etc., he/she shall also notify the purchase price
computed pursuant to
the provisions of Article 20-2 (3) of the Act.
[This Article Newly Inserted by Presidential Decree No. 18017, Jun. 25, 2003]
Article 18 (Delegation of Authority)
(1) The Minister shall delegate the following authority related to inland wetlands to the
heads of the river basin environmental
offices or regional environmental offices (hereinafter
referred to as the "heads of regional environmental government offices"):
1. Establishment and implementation of conservation plans for the wetland protection areas,
etc. as prescribed in Article 11 of the
Act;
2. Installation of facilities for conservation and use of wetlands referred to in Article 12 (1)
of the Act;
3. Approval for installation of facilities for conservation and use of wetlands referred to in
Article 12 (2) of the Act;
4. Approval or consultation as prescribed in Article 13 (3) or (5) of the Act;
5. Order to suspend activities, order to restore to the original state, and orders of the
measures equivalent thereto for the wetland
protection areas as prescribed in Article 14
of the Act;
6. Restriction and prohibition of access, lifting such restriction and prohibition, and the
public announcement thereof, as prescribed
in Article 15 of the Act;
7. Collection of the use fee as prescribed in Article 18-2 (1) and (2) of the Act;
8. Payment of rewards as prescribed in Article 19 of the Act;
9. Commission and management of the honorary guides for wetland ecology as prescribed
in Article 22-3 of the Act;
10. Imposition and collection of the fine for negligence as prescribed in Article 27 (1) 1 of
the Act; and
11. Consultation on the matters of exceptions to the prohibited activities in the wetland
protection areas and wetland areas to be
improved as prescribed in Article 13.
(2) The Minister shall delegate the authority for purchasing the land, etc. as prescribed
in
Article 20-2 of the Act in relation to inland wetlands to the head of the city/Gun or the head
of the autonomous Gu (hereinafter
referred to as the "head of the city/Gun) pursuant to the
provisions of Article 21 (1) of the Act: Provided, that the authority
for purchasing the land
extending over two or more city/Gun or autonomous Gu shall be delegated to the head of
the city/Gun who
has jurisdiction over the area to which the largest portion of the relevant
land belongs to.
(3) The Minister of Land, Transport and Maritime Affairs shall delegate the following
authority related to coastal wetlands to the
heads of the regional maritime affairs and port
offices in accordance with Article 21 (1) of the Act: 1. Establishment and implementation of conservation plans for the wetland protection areas,
etc. as prescribed in Article 11 of the
Act;
2. Installation of facilities for conservation and use of wetlands referred to in Article 12 (1)
of the Act; and
3. Commission and management of the honorary guides for wetland ecology as prescribed
in Article 22-3 of the Act.
(4) The Minister of Land, Transport and Maritime Affairs shall delegate the authority for
purchasing the land, etc. in relation
to coastal wetlands to the head of the city/Gun pursuant
to the provisions of Article 21 (1) of the Act: Provided, that the authority
under subsection 5
for the land, etc. extending over two or more city/Gun or autonomous Gu shall be delegated
to the head of the
city/Gun who has jurisdiction over the area to which the largest portion of
the relevant land belongs to: 1. Order to suspend activities, order to restore to the original state, and orders of the
measures equivalent thereto for the wetland
protection areas as prescribed in Article 14
of the Act;
2. Restriction and prohibition of access, lifting such restriction and prohibition, and the
public announcement thereof, as prescribed
in Article 15 of the Act;
3. Collection of the use fee as prescribed in Article 18-2 (1) and (2) of the Act;
4. Payment of rewards as prescribed in Article 19 of the Act;
5. Authority for purchase of the land, etc. as prescribed in Article 20-2 of the Act; and
6. Imposition and collection of the fine for negligence as prescribed in Article 27 (1) 1 of
the Act.
[This Article Newly Inserted by Presidential Decree No. 18017, Jun. 25, 2003]
Article 19 (Report)
The heads of the regional environmental governmental offices, regional maritime affairs and
port offices, or the head of city/Gun/Gu
shall respectively report the results of execution of
the affairs delegated pursuant to the provisions of Article 18 to the Minister
or the Minister
of Land, Transport and Maritime Affairs by Jan. 31 of the following year.
Article 19-2 (Appointment as Honorary Guide to Wetlands)
(1) When the Minister, the Minister of Land, Transport and Maritime Affairs,
or the
Mayor/Do governor intends to commission the honorary guides for wetland ecology
pursuant to the provisions of Article 22-3
of the Act, he/she shall commission the persons
who has completed a specified education course recognized by the Minister or the
Minister
of Land, Transport and Maritime Affairs among the applicants who apply to one of the
following subsections: 1. Persons having research or administrative experience related to conservation of wetlands
or having experience in services at organizations
related to conservation of wetlands for
not less than two years; and
2. Persons having profound academic knowledge or experiences in the field of wetlands or
natural environment.
(2) The period of commission for the honorary guides for wetland ecology pursuant to the
provisions of Article 22-3 of the Act shall
be two years.
(3) The scope of action for the honorary guides for wetland ecology shall be as follows:
1. Public relations and guidance for conservation of wetlands;
2. Guidance against the damaging activities to wetlands and notification thereof to the
related agencies;
3. Suggestion for conservation of wetland protection areas, etc. and operation of facilities
for conservation and use of wetlands;
and
4. Guidance of eco-tourism in wetland protection areas, etc.
(4) The Minister, the Minister of Land, Transport and Maritime Affairs,
or the Mayor/Do
governor may support the activities of the honorary guides for wetland ecology within the
limit of the budget.
(2) When the Minister, the Minister of Land, Transport and Maritime Affairs, or the
Mayor/Do governor intends to impose a fine for
negligence, he/she shall give an opportunity
to state his/her opinion orally or in writing (including electronic document) to the
person
subject to the disposition of fine for negligence by designating a period of not less than ten
days. In this case, where
no opinion has been stated by the designated date, it shall be
deemed that there is no opinion.
(3) When the Minister, the Minister of Land, Transport and Maritime Affairs, or the
Mayor/Do governor determines the amount of the
fine for negligence, he/she shall take into
account the motive and results of the relevant offense, whether or not there is any
possibility
for the damaged wetland ecosystem to recover to its original state, etc.
(4) The procedures for collection of fines for negligence shall be prescribed by the Joint
Ordinance.
ADDENDA (Enforcement Decree of the River Act
Article 1 (Enforcement Date)
This Act shall enter into effect on Apr. 7, 2008.
Article 2 Omitted.
Article 3 (Amendment of Other Laws and Regulations)
(1) through (10) Omitted.
(11) Part of the Enforcement Decree of Wetlands Conservation Act shall be amended as
follows:
Article 11 (1) 4 shall be changed as follows:
4. Occupancy subject to permission referred to in Articles 33 (1) and 50 of the River Act.
(12) through <20> Omitted.
Article 4 Omitted.
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